M. Sowmya vs Ranga Reddy Legal Services Authority
2025 Latest Caselaw 3224 Tel

Citation : 2025 Latest Caselaw 3224 Tel
Judgement Date : 19 March, 2025

Telangana High Court

M. Sowmya vs Ranga Reddy Legal Services Authority on 19 March, 2025

Author: Abhinand Kumar Shavili

Bench: Abhinand Kumar Shavili

     THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
                                         AND
       THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA

                     Writ Petition No.22772 of 2024

ORDER:

(Per the Hon'ble Sri Justice Abhinand Kumar Shavili)

Aggrieved by the Lok Adalat award, dated

21.01.2019, passed in O.A.No.225 of 2018 on the file of

the learned XVI Additional District Judge, Medchal-

Malkajgiri District, the present Writ Petition is filed.

2. Heard Sri D. Prakash Reddy, learned Senior Counsel

appearing for the petitioners and Sri Shashi Kiran Pusluri,

learned Standing Counsel for Telangana State Legal

Services Authority; Sri C. Venugopal, learned Senior

Counsel representing Sri P. Animi Reddy, learned counsel

for respondent No.3; Sri G. Pattavi, learned Senior Counsel

representing Sri Rakesh Jangem, learned counsel; Sri

Sharat Chandra Reddy, learned counsel for contesting

respondents; Sri V. Ravi Kumar Reddy, learned counsel for

respondent No.6.

3. Learned counsel appearing for the petitioners had

contended that respondent No.3 has filed a suit seeking for ::2::

partition vide O.S.No.225 of 2018 against other contesting

respondents and the petitioners were not impleaded as

party to the said suit, as admittedly, the petitioners are

real owners of the suit schedule property. The respondent-

parties reached a compromise in the suit before the Lok

Adalat vide award dated 21.01.2019. Based upon the said

award of Lok Adalat, respondent No.2 has filed E.P.No.7 of

2019 and the same was dismissed vide order, dated

31.01.2020. Subsequently, respondent No.2 has filed

E.P.Nos.2185 and 2186 of 2022 and the Executing Court

is taking steps to execute the said award, which would be

detrimental to the interest of the petitioners, as they were

not parties to O.S.No.225 of 2018, which had been

compromised before the Lok Adalat vide award, dated

21.01.2019. Since the petitioners are aggrieved by the said

Lok Adalat award, they have filed the present Writ Petition

with the leave of the Court.

4. Learned counsel for the petitioners had further

contended that the subject land in O.S.No.225 of 2018,

admeasuring Ac.90.08 gts, situated at Kapra village and ::3::

mandal, was declared as evacuee property and the same

was confirmed by the Honourable Supreme Court vide

Civil Appeal No.4099 of 2000, dated 05.05.2011. The very

same subject matter was included in the suit and the

same was compromised by the respondents, which is

detrimental interest of the petitioners. Therefore, the

petitioners have challenged the present award by filing this

Writ Petition. Learned counsel for the petitioners has relied

upon the judgment of the Honourable Supreme Court in

Bhargavi Constructions & another v. Kotha Kapu

Muthyam Reddy1, wherein, the Honourable Supreme

Court has held that an award passed by the Lok Adalat

can only be challenged before the High Court by filing a

Writ Petition under Article 226 of Constitution of India.

Therefore, appropriate orders be passed in the Writ

Petition by setting aside the order, dated 21.01.2019

passed by the Lok Adalat in O.S.No.225 of 2018 and allow

the Writ Petition.

5. On the other hand, learned counsel for the

respondents had contended that the award, dated

(2018) 13 SCC 480 ::4::

21.01.2019 passed by the Lok Adalat in O.S.No.225 of

2018 was confirmed by the Honourable Supreme Court in

S.L.P.No.47 of 2025, dated 03.01.2025. Therefore,

interfering with the award passed by the Lok Adalat of this

Court would not arise. If the petitioners have any

grievance, they are entitled to file Execution Application to

assert that the suit schedule property belongs to them.

Hence, interfering with the Lok Adalat award is not

warranted. Therefore, there are no merits in the Writ

Petition and the same is liable to be dismissed.

6. This Court, having considered the submissions made

by both the parties, is of the view that since award , dated

21.01.2019 passed by the Lok Adalat in O.S.No.225 of

2018 is confirmed upto Honourable Supreme Court, this

Court is not inclined to entertain the Writ Petition.

However, liberty is given to the petitioners to submit an

Execution Application claiming their property. It is always

open for the petitioners to raise all the legal pleas before

the Executing Court. We were also informed by the learned

counsel for the petitioners that the petitioners have ::5::

already filed E.A.No.90 and 91 of 2024 before the

Executing Court. Therefore, the Executing Court is

directed to dispose of the said E.Ps along with E.As., after

hearing all the parties, without being influenced by the

observations made by this Court